An Amherstburg man is arguing his rights were violated when police questioned him after a crash that killed a skateboarder in 2016.

Brandin Crosier, 24, has pleaded not guilty to criminal negligence causing death in connection with a crash that killed 30-year-old Adam Pouget on Nov. 17, 2016.

Police say Pouget was skateboarding to work when he was struck by a motorist who was attempting to pass another vehicle on County Road 18 in Amherstburg before 7 a.m. that morning.

In court on Tuesday, Crosier's lawyer Pat Ducharme argued his clients rights were violated when Amherstburg police questioned him in hospital.

Crosier told police “everything is a blur, I don't think I'll be able to give you a good statement.” But in the police video statement, when asked if he wanted a lawyer, Crosier replies no.

Ducharme argues the police should have stopped the questioning when Crosier told them he wasn't focused.

But Crown Attorney Walter Costa says Crosier was read his rights on multiple occasions and told police he understood.

Justice Bondy says she needs to take some time to make a decision on the charter application before ruling in the trial proper.

Police also said thick fog and poor visibility were factors in the crash.

Pouget is survived by his wife Ashley and their four children, ranging in age from 8 weeks to 10 years old.